SPPEEDLINE STEVEDORING CO. LTD V. S. M KOTEI & ANOR.
(2007) JELR 65757 (CA)
Court of Appeal
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CIVIL APPEAL NO. H1/391/05
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16 Feb 2007
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Ghana
Coram
OWUSU ANSAH J.A (PRESIDING), KANYOKE J.A, APALOO J.A
Appearances
MR. A. O. AMPONSAH DADZIE FOR THE 2ND DEFENDANT/APPELLANT; MR. ADUMOAH BOSSMAN FOR THE 1ST DEFENDANT/APPLICANT,MR. N. AMERGATCHEY FOR THE PLAINTIFFS/RESPONDENTS
Judgement
<p>KANYOKE J.A:</p><p>The 1st defendant/appellant (herein the 1st appellant) was a Chief Registrar whilst the 2nd defendant appellant (herein the 2nd appellant) was a Deputy Chief Registrar, both in the Judicial Service, Accra. On the 31st July 1997 the appellants were appointed by the High Court, Accra as Receivers and Managers of the plaintiff/Respondent company (herein the respondent company or company) pending the final determination of a suit involving the shareholders and directorship of the company. The appellants were by the terms of their appointment to be entitled to 6% commission of the proceeds of the company during their tenure of office. The appellants managed the company for 3 and half years. Subsequently, upon an order of the High Court, Accra, differently constituted, dated the 31st January 2001; the appellants handed over the management of the company to the original persons.</p><p>Before then the appellants had appointed a firm of auditors Sraha and Associates to audit the managemen…</p>